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Kelly v. IMC Mortgage Co.

United States District Court, D. Maryland

June 5, 2018

I'MAYA KELLY Plaintiff,
v.
IMC MORTGAGE COMPANY, et al., Defendants

          MEMORANDUM AND ORDER

          Marvin J. Garbis United States District Judge.

         The Court has before it (1) Plaintiff's Motion to Remand and Request for Hearing [ECF No. 18], (2) Defendants' Motion to Dismiss, or Alternatively, Motion for More Definite Statement [ECF No. 11], (3) Defendants' Motion to Dismiss the Amended Complaint, or Alternatively, Motion for More Definite Statement [ECF No. 21], and the materials submitted relating thereto. The Court finds that a hearing is not necessary.

         I. BACKGROUND

         On February 2, 2018, Plaintiff I'Maya Kelly (“Plaintiff” or “Kelly”), a Maryland resident, filed a Complaint in the Circuit Court for Baltimore City, alleging that she had suffered injuries from exposure to and ingestion of lead-based paint at 2349 Lauretta Avenue, Baltimore, Maryland (“Lauretta Property”). Complaint, ECF No. 2. Her claims were based upon state law causes of action, including negligence, negligent misrepresentation, and violation of Maryland's Consumer Protection Act.

         The named Defendants in this original Complaint were:

1. Citibank, N.A.;
2. CFNA Receivables, f/k/a CitiFinancial, Inc.;
3. CitiFinancial, Inc., as successor in interest to IMC Mortgage Company;
4. IMC Mortgage Company, as successor in interest to Industry Mortgage Company, LP; and
5. Industry Mortgage Company, LP.

         Compl. ¶ 3, ECF No. 2.

         Defendants removed this matter to federal court on the basis of diversity jurisdiction. They argue, and Plaintiff does not contest, that the only two entities that existed at the time of the filing of the original Complaint were Citibank, N.A. and CFNA Receivables (TX), LLC. Defs.' Opp. at 3, ECF No. 22.

         Specifically, IMC Mortgage Company, a Florida corporation, was the successor in interest to Industry Mortgage Company, LP. Id. at 2. IMC Mortgage Company acquired the Lauretta Property in 1999, and ceased operation in 2006 when it was succeeded by CitiFinancial, Inc. Id. The Lauretta Property was transferred by CitiFinancial to a non-related third party. Id. Then, CitiFinancial changed its name to CFNA Receivables (MD), Inc., in 2013 and to CFNA Receivables (MD), LLC, in 2017. Id. Finally, ...


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